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(영문) 대법원 2014.08.28 2014도7935
살인
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the accused case, it is evident that the accused and the respondent for an attachment order (hereinafter “defendant”) have asserted mental and physical disability along with the unfair sentencing in the statement of grounds of appeal. However, the lower court can find that the Defendant’s grounds of appeal only deemed the grounds of unfair sentencing and dismissed the Defendant’s appeal without determining whether to dismiss the grounds of appeal or not.

However, examining the circumstances revealed in the records, such as the background leading to the instant crime, method of crime, the defendant’s act before and after the instant crime, and the circumstances after the crime, it is difficult to view that the Defendant had a mental and physical state at the time of the instant crime, and the omission of judgment by the lower court does not affect the conclusion of the judgment

In addition, the argument that the court below erred in violation of the empirical rule or misconceptions of facts as to the motive and planned crime in the determination of punishment against the defendant is the assertion of unfair sentencing. In addition, considering various circumstances, such as the defendant's age intelligence and environment, criminal records, motive and consequence of the crime of this case, and circumstances after the crime, it cannot be deemed that the court below's decision of the court of first instance, which maintained the judgment of 20 years imprisonment with prison labor, is extremely unfair even when considering the circumstances asserted by the defendant and his defense counsel.

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition.

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